[DotGNU]proposal: DotGNU Trademark License
Lawrence E. Rosen
lrosen at rosenlaw.com
Fri Mar 12 18:42:52 UTC 2004
A bare trademark license is not allowed under trademark law. This license is
the easiest way to lose the DotGNU service mark.
/Larry Rosen
> -----Original Message-----
> From: James Michael DuPont [mailto:mdupont777 at yahoo.com]
> Sent: Tuesday, August 05, 2003 11:22 PM
> To: license-discuss at opensource.org
> Cc: nb at cisto.com
> Subject: Fwd: [DotGNU]proposal: DotGNU Trademark License
>
>
> Dear License discuss list,
> I would be interested i hearing you opinon on this proposed
> license that norbert has posted to the dotgnu developers list. Mike
>
> --- Norbert Bollow <nb at cisto.com> wrote:
> > From Norbert Bollow Tue Aug 5 12:17:30 2003
> > Subject: [DotGNU]proposal: DotGNU Trademark License
> >
> > A recent discussion with Stephen J. Turnbull has reminded
> me that it
> > is very important to create some legal protection for the
> term "DotGNU
> > Webservice".
> >
> > Provided that the FSF agrees to this idea, I'd like to include
> > something like the following in the documentation that will
> be part of
> > the upcoming DotGNU 0.1 release:
> >
> >
> > """
> > "DotGNU Webservice" Servicemark License
> >
> > Version 0.1-alpha1
> >
> > Copyright 2003 Free Software Foundation, Inc.
> > 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
> >
> > Everyone is permitted to copy and distribute verbatim
> copies of this
> > license document, but changing it is not allowed.
> >
> >
> >
> > "GNU" is a registered trademark of the Free Software
> Foundation, Inc.
> > "DotGNU Webservice" is a servicemark of the Free Software
> Foundation,
> > Inc.
> >
> > TERMS AND CONDITIONS FOR USING THE "DotGNU Webservice" SERVICEMARK.
> >
> > 0. This License grants, to businesses which satisfy the
> > conditions that are outlined in sections 1 and 2 below,
> > permission to use the "DotGNU Webservice" servicemark
> > in the context of their commercial activities.
> >
> > Activities which are not of commercial nature are outside the
> > scope of this license; in particular there are no restrictions
> > on using the term "DotGNU Webservice" outside the context of
> > making a commercial service offering.
> >
> > Every business which fulfils the conditions that are outlined
> > in sections 1 and 2 below may choose to accept this license,
> > thereby
> > becoming a licensee. Each licensee is addressed as "you".
> >
> > You are not required to accept this License, since you have not
> > signed it. However, nothing else grants you permission to use the
> > "DotGNU Webservice" servicemark in the context of making
> commercial
> > service offerings; that is prohibited by law if you do not accept
> > this License. Therefore, by using the "DotGNU Webservice"
> > servicemark in such a commercial context, you indicate your
> > acceptance of this License to do so, and all its terms and
> > conditions.
> >
> >
> > 1. The "DotGNU Webservice" servicemark may only be used in
> connection
> > with services that satisfy DotGNU's definition of "webservices",
> > namely the following two conditions must be satisfied:
> >
> > (a) Some functionality is provided, and in addition there is
> > a description of this functionality, namely how the
> > service should be used and what it provides.
> >
> > (b) The service is offered over a computer network (e.g. the
> > internet or an intranet) via standard protocols, i.e.
> > protocols
> > that are open, widely published, and freely available for
> > anyone
> > to implement.
> >
> > If you provide a commercial service and use the "DotGNU
> > Webservice"
> > servicemark, you must in addition satisfy the following two
> > conditions:
> >
> > (c) You must ensure that whenever the service is usable,
> the owner
> > of the data is able to download the data plus the program
> > which
> > acts on the data (the "webservice program") in an executable
> > form which can be used with a version of the DGEE ("DotGNU
> > Execution Environment") webservice server which has been
> > released by the DotGNU Project of the Free Software
> > Foundation.
> >
> > (d) You must provide your customers with a written offer, valid
> > for
> > at least three years, to give them upon request, at no extra
> > charge, on a medium customarily used for software
> interchange,
> > licensed under the terms of the GNU General Public License,
> > a complete machine-readable copy of the source code of the
> > webservice program plus any compilers and libraries which are
> > needed to translate the webservice program into executable
> > form.
> >
> > The term "webservice program" in sections (c) and (d)
> above refers
> > to a computer program which can be used together with a
> version of
> > the DGEE ("DotGNU Execution Environment") webservice server to
> > provide a webservice which is identical in functionality to the
> > webservice which the customer has purchased from you.
> >
> >
> > 2. Any violation of the conditions in section 1 will automatically
> > terminate your rights under this License. You must not use the
> > "DotGNU Webservice" servicemark if you have previously violated
> > any
> > of the conditions in section 1.
> >
> > """
> >
> > Greetings, Norbert.
> >
> > --
> > Founder & Steering Committee member of
> > http://gnu.org/projects/dotgnu/
> > Free Software Business Strategy Guide --->
> > http://FreeStrategy.info
> > Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich,
> > Switzerland)
> > Tel +41 1 972 20 59 Fax +41 1 972 20 69
> > http://norbert.ch
> > _______________________________________________
> > Developers mailing list
> > Developers at dotgnu.org
> > http://dotgnu.org/mailman/listinfo/developers
>
>
> =====
> James Michael DuPont
> http://introspector.sourceforge.net/
>
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